This morning, the majority of Bill C-11, the copyright reform bill, took effect, marking the most significant changes to Canadian copyright law in decades. While there are still some further changes to come (the Internet provider notice-and-notice rules await a consultation and their own regulations, various provisions related to the WIPO Internet treaties await formal ratification of those treaties), all the consumer oriented provisions are now active. These include:
The addition of education, parody, and satire as fair dealing purposes.
The creation of a non-commercial user generated content provision that creates a legal safe harbour for creators of non-commercial UGC (provided they meet four conditions in the law) and for sites that host such content.
The adoption of several new consumer exceptions including time shifting (recording of television shows), format shifting, and the making of backup copies.
Changes to the statutory damages rules that distinguish between commercial and non-commercial infringement. The law now includes a cap of $5000 for all non-commercial infringement. The change reduces the likelihood of lawsuits against individuals for non-commercial activities and would apply to educational institutions engaged in non-commercial activity and significantly reduce their potential liability for infringement.
The inclusion of an exception for publicly available materials on the Internet for education. This covers the content found on millions of websites that can now be communicated and reproduced by educational institutions without the need for permission or compensation.
The adoption of a technology-neutral approach for the reproduction of materials for display purposes. The current law is limited to manual reproduction or on an overhead projector. The provision may be applicable in the online learning context and open the door to digitization activities.
The implementation of a distance learning provision, though use of the exception features significant restrictions that require the destruction of lessons at the conclusion of the course.
The inclusion of a restrictive digital inter-library loans provision that will allow for digital transmission of materials on an inter-library basis, increasing access to materials that have been acquired by university libraries.
A new exception for public performances in schools, which will reduce licensing costs for educational institutions.
The government is slated to bring Bill C-11, the copyright reform bill, into effect next week without the “notice-and-notice” rules for Internet providers. The revelations come in a Privy Council document that provides notification on when the bill will come into force. It is expected that the order bringing the […]
The Economist focuses on new copyright rules for the digital age, rightly pointing to Bill C-11 as “setting a new standard of permissiveness” (though it neglects to mention the restrictive digital lock rules).
Last week, I posted on the significance of the Supreme Court of Canada’s five copyright decisions with an emphasis on the shift from fair dealing to fair use. This week, I have several additional posts planned including one on the implications for Access Copyright as well as a broader examination of how the court has elevated users’ rights within Canadian copyright law. This post focuses on the second major development in the cases: the articulation of technological neutrality as a foundational principle of Canadian copyright. The technological neutrality principle could have an enormous long-term impact on Canadian copyright, posing a threat to some copyright collective tariff proposals and to the newly enacted digital lock rules.
Bill C-11, the copyright reform bill, passed third reading at the Senate and received royal assent today. The bill is now S.C. 2012, c.20. The reforms do not take effect yet, however. The bill must go through an order-in-council process with a series of new regulations first, a process that […]
